Trademark Opposition in India - After Advertisement (Lapse of 90 days)
Nagaraja B S
(Querist) 12 July 2011
This query is : Resolved
Dear All,
One of my XYZ client wants to register trademark in India. XYZ client is using the same mark - which has been registered in China (2009). Applied for TM in Italy & Brazil. Mark has been used since 2003. However, business proof available since 2006. For transaction in India and abroad
My question is
ABC client has applied for Indian trademark registration in last year in April, it has been advertised in Dec 2010. Unfortunately, my client has come to me recently to file for trademark opposition. It is beyond 90 days after the advertisement is placed.
What is the procedure for opposing trademark registration?? (For above instance)
Look forward to your valuable suggestion.
Thanks
Nagaraj
Bovan Cherian Varkey
(Expert) 14 July 2011
Dear Mr. Nagaraj,
From the above description the time limit for filing opposition e 3 months + 1 month has expired. Now the only recourse is file an application for Rectification provided the mark has been registered in favour of the other party.
For consultancy bovanvarkey@marksandrights.in or +91 94470 22265
Thank you.
